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	<title>Asbestos ships</title>
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		<title>Unprecedented Expansion of Strict Products Liability Rejected by California Supreme Court</title>
		<link>http://www.asbestos-ships.com/news/unprecedented-expansion-of-strict-products-liability-rejected-by-california-supreme-court/</link>
		<comments>http://www.asbestos-ships.com/news/unprecedented-expansion-of-strict-products-liability-rejected-by-california-supreme-court/#comments</comments>
		<pubDate>Mon, 30 Jan 2012 16:26:10 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Asbestos & Mesothelioma Veterans]]></category>

		<guid isPermaLink="false">http://www.asbestos-ships.com/news/?p=135</guid>
		<description><![CDATA[	&#160;
In a lawsuit against two companies that manufactured components of steam propulsion systems used on ships during and after WWII (namely Crane Co. and Warren Pumps LLC), the Supreme Court of California ruled the rejection of the expansion of liability for faulty products. The plaintiff was the family of Patrick O’Neil, a member of the [...]]]></description>
			<content:encoded><![CDATA[<p>	&nbsp;<br />
In a lawsuit against two companies that manufactured components of steam propulsion systems used on ships during and after WWII (namely Crane Co. and Warren Pumps LLC), the Supreme Court of California ruled the rejection of the expansion of liability for faulty products. The plaintiff was the family of Patrick O’Neil, a member of the U.S Navy who died of mesothelioma in 2005. Evidence showed that the “Essex Class” carrier was built in the early 1940s, and that Warren pumps and Crane valves were connected to other components with asbestos-containing flange gaskets. Because these other components were designed, made and sold by other companies, the Court ruled that the defendants cannot be held liable for the injury caused.<br />
	&nbsp;<br />
<a title="Mesothelioma" href="http://www.asbestos-ships.com/mesothelioma/" target="_blank">Mesothelioma</a> is a pulmonary cancer caused by exposure to <a title="Asbestos" href="http://www.asbestos-ships.com/asbestos/" target="_blank">asbestos</a>. The use of asbestos in army battleships, carriers, destroyers and aircrafts was common practice before its banning in the late ‘60s. This widespread use of asbestos can be explained by its excellent insulating and fireproofing characteristics, and accounts for the high asbestos risk for veterans who served time on equipment that used it. Symptoms in people affected may appear as late as 50 years after exposure and this long period of latency not only makes diagnosis difficult, but it also complicates mesothelioma lawsuits.<br />
	&nbsp;<br />
In its reasoning, the Court stated that the manufacturers of pumps and valves sought in the lawsuit cannot be held liable for injury caused by an adjacent or replacement product made by a different company, even when it was predictable that the combination of products would cause harm. It was also stated the asbestos that caused the mesothelioma in O’Neil was contained in thermal insulation, replacement gaskets and packing made by other manufacturers than Crane Co. and Warren Pumps.</p>
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		<title>Shipyard Worker Mesothelioma Lawsuit Results in $25M Verdict</title>
		<link>http://www.asbestos-ships.com/news/shipyard-worker-mesothelioma-lawsuit-results-in-25m-verdict/</link>
		<comments>http://www.asbestos-ships.com/news/shipyard-worker-mesothelioma-lawsuit-results-in-25m-verdict/#comments</comments>
		<pubDate>Mon, 04 Apr 2011 11:58:34 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Asbestos Lawsuits]]></category>

		<guid isPermaLink="false">http://www.asbestos-ships.com/news/?p=130</guid>
		<description><![CDATA[In a recent case of mesothelioma a Virginia jury has awarded $25 million to a former shipyard worker who filed a mesothelioma lawsuit against Exxon Mobil. The verdict was given on Thursday in Newport News Circuit Court.
Rupert “Bert” Minton, 72, who filed the lawsuit against Exxon Mobil, was a repair supervisor at Newport News Shipbuilding [...]]]></description>
			<content:encoded><![CDATA[<p>In a recent case of mesothelioma a Virginia jury has awarded $25 million to a former shipyard worker who filed a mesothelioma lawsuit<span id="more-130"></span> against Exxon Mobil. The verdict was given on Thursday in Newport News Circuit Court.</p>
<p>Rupert “Bert” Minton, 72, who filed the lawsuit against Exxon Mobil, was a repair supervisor at Newport News Shipbuilding from 1966 to 1977. In addition to this he also worked as ship fitter for seven years before. According to him he worked on 17 Exxon oil tankers, during which he was exposed to asbestos and contracted <a title="Mesothelioma Cancer" href="http://www.asbestos-ships.com/mesothelioma/">mesothelioma</a>. He told that he got only two years of his life left due to the disease caused by exposure of this deadly fiber.</p>
<p>The Newport News jury awarded Minton <strong>$12.4 million in compensatory damages and hit Exxon Mobile with $12.5 million in punitive damages</strong>. The decision took a three-week trial and a day of jury deliberation. Exxon Mobil is expected to appeal which may stretch the process out beyond Minton’s life expectancy.</p>
<p>Asbestos was a very common material that was used in construction and in army due to its excellent heat and electrical insulation but later on it was found that inhalation of <a title="Asbestos Fibers" href="http://www.asbestos-ships.com/asbestos/">asbestos fibers</a> lead to many deadly diseases and mesothelioma is one of them. It is predominant in veterans.</p>
<p>Mesothelioma is a very rare form of cancer that is caused due to inhalation of asbestos fibers. These fibers on inhalation lodge themselves into the linings of the lungs and this leads to development of scar tissue which in turn form cancerous cells. The worst part of this kind of disease is that it has got very long latency period, in majority of cases the symptoms of this kind of disease takes decades to present itself. Asbestos was used widely till late 1970’s; its use was on peak in 1973. In mid-1980 the hazards associated with asbestos were known which led to its abolition of many products of asbestos by government. The mesothelioma deaths in USA are increasing day by day. According to U.S. Lawsuits over mesothelioma from <a title="Asbestos Exposure" href="http://www.asbestos-ships.com/exposure/">asbestos exposure</a> is the longest running mass tort in U.S. history. The first case was filed in 1929 which has been followed by <strong>600,000 mesothelioma lawsuits</strong> till date against 6,000 defendants after being diagnosed with mesothelioma, asbestosis or other asbestos-related diseases.</p>
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		<title>2 Contaminated Oregon Sites Proposed for Federal Superfund</title>
		<link>http://www.asbestos-ships.com/news/2-contaminated-oregon-sites-proposed-for-federal-superfund/</link>
		<comments>http://www.asbestos-ships.com/news/2-contaminated-oregon-sites-proposed-for-federal-superfund/#comments</comments>
		<pubDate>Wed, 16 Mar 2011 10:42:04 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Asbestos Removal]]></category>
		<category><![CDATA[Asbestos Ships]]></category>

		<guid isPermaLink="false">http://www.asbestos-ships.com/news/?p=125</guid>
		<description><![CDATA[Two contaminated buildings namely: Astoria shipyard and a Klamath Falls subdivision were proposed for listing as federal Superfund cleanup sites this Tuesday. There are 13 other sites like these, two of which are nationally proposed for listing under the U.S. Environmental Protection Agency program. The function of EPA is to investigate and clean up the [...]]]></description>
			<content:encoded><![CDATA[<p>Two contaminated buildings namely: <strong>Astoria shipyard</strong> and a <strong>Klamath Falls</strong> subdivision were proposed for listing as <strong>federal Superfund cleanup sites</strong><span id="more-125"></span> this Tuesday. There are 13 other sites like these, two of which are nationally proposed for listing under the U.S. Environmental Protection Agency program. The function of EPA is to investigate and clean up the waste of the hazardous sites. Portland Harbor is also among the thirteen other Oregon sites which are already on the superfund list of 1290 industrial plants, mines and dump sites. Inclusion in the superfund list is the first step in the company clean up hazard.</p>
<p>EPA quotes that the soil at the Astoria Marine Construction Co. site is contaminated by paint chips, sandblasted off ships and petroleum-based products which may prove to be harmful for the residents and employees both. These materials have led to contamination for Lewis and Clark River and the Jeffers Slough, in the Columbia River basin. Oregon Department of Environmental Quality was unsuccessful in getting the company to enter a voluntary cleanup program which resulted in listing of company in the federal Superfund cleanup sites. According to company officials they don’t have the resources to fight proposed EPA listing. This company used to build wooden Navy minesweepers during World War II.</p>
<p>The Klamath Falls site involves the North Ridge Estates which contains asbestos which came from the remains from roofing, siding and tiles used to construct 82 buildings at the Marine Recuperation Barracks during the mid-1940s. This building was the home of <strong>Oregon Institute of Technology</strong> until 1964. Large number of buildings were made and demolished in this property and the asbestos was dumped in waste piles and burial pits but was exposed due to corrosion. This contamination was removed from 2003 to 2009 but according to reports of EPA, the <a title="Asbestos Exposure" href="http://www.asbestos-ships.com/asbestos/">asbestos</a> was not permanently eliminated.</p>
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		<title>Radio man who alerted to Pearl Harbor attack dies in Montana</title>
		<link>http://www.asbestos-ships.com/news/radio-man-who-alerted-to-pearl-harbor-attack-dies-in-montana/</link>
		<comments>http://www.asbestos-ships.com/news/radio-man-who-alerted-to-pearl-harbor-attack-dies-in-montana/#comments</comments>
		<pubDate>Fri, 11 Feb 2011 08:55:30 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Asbestos & Mesothelioma Veterans]]></category>

		<guid isPermaLink="false">http://www.asbestos-ships.com/news/?p=119</guid>
		<description><![CDATA[BILLINGS &#8211; Ed Chlapowski who was a radio man stationed at the Navy base in December 1941 died on Jan. 16, 2011. He was a mesothelioma patient. He was the one who warned for the Pearl Harbor attack and at that time he was only 19.
At 88 he was sharp enough to recall the memories [...]]]></description>
			<content:encoded><![CDATA[<p>BILLINGS &#8211; Ed Chlapowski who was a radio man stationed at the Navy base in December 1941 died<span id="more-119"></span> on Jan. 16, 2011. He was a mesothelioma patient. He was the one who warned for the Pearl Harbor attack and at that time he was only 19.</p>
<p>At 88 he was sharp enough to recall the memories of the war time. According to Chlapowski, on the day of attack as he was getting in to his bunk he saw the roof on Hickam Field hangar go up and it looked like a bomb had dropped and blew it off , it was followed by firing of airplane with meatballs on the wings. According to Chlapowski a supervisor asked him to send a message that there was no drill. “<strong>Pearl Harbor is being attacked by the forces of the Imperial government of Japan.</strong> This is no drill.”</p>
<p>Chlapowski was honorably discharged from the Navy after four years of his service. He and his wife Betty moved to Montana in 1946 where they raised seven children. Chlapowski cherished his time speaking with others about his war experience in the hope that his message of sacrifice and service to his country will live on through others and this behavior of Chlapowski was just opposite to the other people who survived Pearl Harbor who diminished slowly.</p>
<p>In December he quoted that &#8220;You&#8217;ll never forget it no matter what and at this age, not going to be too many memories. This may be one of my last little spiels I&#8217;m going to give to anyone,” he had got seven children, 10 grandchildren, 26 great-grandchildren and one great-great-grandchild.</p>
<p>The visitation was scheduled from 9 a.m. to 9 p.m. on Thursday, Jan. 20 at Smith&#8217;s Downtown Funeral Chapel. The funeral Mass  took place at 11 a.m. Friday, Jan. 21 at Little Flower Catholic Church and interment will be at Yellowstone County Veterans Cemetery in Laurel. According to his family any donations may be sent to the American Legion, Disabled American Veterans, Veterans of Foreign Wars or another veteran&#8217;s organization of the donor’s choice.</p>
<p>Ed Chlapowski died just a few weeks after being diagnosed with the horrible disease named <a title="Mesothelioma Cancer" href="http://www.asbestos-ships.com/mesothelioma/">mesothelioma cancer</a>.</p>
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		<title>Workers Join Legal Settlement That Could Pay Out As Much As $815 Million</title>
		<link>http://www.asbestos-ships.com/news/workers-join-legal-settlement-that-could-pay-out-815-million/</link>
		<comments>http://www.asbestos-ships.com/news/workers-join-legal-settlement-that-could-pay-out-815-million/#comments</comments>
		<pubDate>Tue, 18 Jan 2011 07:55:34 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Asbestos Lawsuits]]></category>

		<guid isPermaLink="false">http://www.asbestos-ships.com/news/?p=113</guid>
		<description><![CDATA[A case relating to asbestos lawsuit was filed in St. Clair County&#8217;s asbestos docket. The lawsuit was filed by Dorothy L. Kainer, Kimberly M. Kainer and Lisa K. Foreman on 18th November against 29 defendant companies in St. Clair County Circuit Court on behalf of late Emil T.Kainer.
In the lawsuit the place of residence of [...]]]></description>
			<content:encoded><![CDATA[<p>A case relating to asbestos lawsuit was filed in St. Clair County&#8217;s asbestos docket. The lawsuit was filed by Dorothy L. Kainer, Kimberly M. Kainer and Lisa K. Foreman on 18th November against <strong>29 defendant companies<span id="more-113"></span> in St. Clair County Circuit Court </strong>on behalf of late Emil T.Kainer.</p>
<p>In the lawsuit the place of residence of plaintiffs has not been mentioned. The persons who will represent them are Michael J. O&#8217;Malley of Carey, Danis and Lowe in Belleville and by Jeffrey J. Lowe of Carey, Danis and Lowe in St. Louis. Devin C. McNulty of Williams, Kherkher, Hart and Boundas in Houston will serve of counsel. Among them J. O’Malley has been retired recently after serving in St. Clair County circuit as judge. The plaintiffs alleged that the companies in which Emil T.Kainer worked were responsible for his  exposure to asbestos which finally led to development of <a title="Mesothelioma Cancer" href="http://www.asbestos-ships.com/mesothelioma/">mesothelioma cancer</a> in him.</p>
<p>According to the complaint Emil T.Kainer worked as electrician from the period of 1953 to 1996 and he also served in US army. There may have been <a title="Asbestos Exposure" href="../../exposure/">exposure to asbestos</a> in army and if any veteran is exposed to asbestos then chances of his survival are very low.</p>
<p>The plaintiffs blamed the company for its failure to give Emil T.Kainer reasonable care and caution. The <a title="Asbestos Diseases" href="http://www.asbestos-ships.com/diseases/">asbestos disease</a> resulted in his inability to carry out his jobs which lead to lost of his earnings which he could have earned if he had continued the job in addition to this he had to incur medical cost and suffered great physical pain and mental anguish. They plaintiffs also said that due to his death his family members have been deprived of his companionship and society. The plaintiffs are seeking a judgment which can give $100,000 as compensation and $50,000 as punitive and exemplary damage. They also seek a penalty which could be sufficient to punish the defending companies and to <strong>prevent them from repeating their actions</strong>.</p>
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		<title>Asbestos Effect- 9/11 Workers Exposed to Toxins in a Legal Settlement against NYC</title>
		<link>http://www.asbestos-ships.com/news/9-11-workers-in-a-legal-settlement/</link>
		<comments>http://www.asbestos-ships.com/news/9-11-workers-in-a-legal-settlement/#comments</comments>
		<pubDate>Fri, 03 Dec 2010 05:24:53 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Asbestos Lawsuits]]></category>

		<guid isPermaLink="false">http://www.asbestos-ships.com/news/?p=102</guid>
		<description><![CDATA[The 9/11 involved rescue and the cleanup workers as well as the fire fighters and the policemen are suing the New York City for exposing them to toxic dust causing a range of respiratory illnesses. If they make a decision to join the legal settlement by Monday, November 08, 2010, they stand to get good [...]]]></description>
			<content:encoded><![CDATA[<p>The 9/11 involved rescue and the cleanup workers as well as the fire fighters and the policemen are suing the New York City for exposing them to toxic dust<span id="more-102"></span> causing a range of respiratory illnesses. If they make a decision to join the legal settlement by Monday, November 08, 2010, they stand to get good compensation of as much as $815 million.</p>
<p>More than 10,000 9/11 workers have even sued the companies handling the <strong>cleanup of the lower Manhattan</strong> following the attacks. The workers claimed that their illnesses are directly related to the toxic substances including asbestos that they had inhaled during their clean-up operation.</p>
<p>Asbestos is carcinogenic and causes fatal diseases like lung cancer, <a title="Mesothelioma Cancer" href="http://www.asbestos-ships.com/mesothelioma/">mesothelioma</a> and <a title="Asbestosis" href="http://www.asbestos-ships.com/asbestosis/">asbestosis</a>. Mesothelioma is a rare cancer affecting the protective lining of the abdomen, heart, lungs and chest. It is very <strong>difficult to diagnose and treat</strong> as it does not show any symptoms till stage three and four.</p>
<p>In similar way before 1970, <a title="Asbestos on Navy Ships" href="http://www.asbestos-ships.com">asbestos on navy ships</a> have been used liberally to act as fire retardant. This has increased the asbestos risk for veterans and the possibility of the contracting mesothelioma as the Government and the others involved <strong>had failed in their duty to provide a proper protective gear to them</strong>.</p>
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		<title>Shipyard Workers Get New Safety Standards for Protection from Mesothelioma-Causing Asbestos</title>
		<link>http://www.asbestos-ships.com/news/shipyard-workers-get-new-safety-standards-for-asbestos-protection/</link>
		<comments>http://www.asbestos-ships.com/news/shipyard-workers-get-new-safety-standards-for-asbestos-protection/#comments</comments>
		<pubDate>Thu, 07 Oct 2010 05:15:34 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Asbestos Ships]]></category>

		<guid isPermaLink="false">http://www.asbestos-ships.com/news/?p=96</guid>
		<description><![CDATA[Mesothelioma cancer is an aggressive form of cancer which is caused by breathing in fine type of asbestos fibers which then become settled in the thin membrane that lines and largely encases the lungs area. It is greatly aggressive and highly resistant to any type of standard cancer treatments in the medical field. Till date, there [...]]]></description>
			<content:encoded><![CDATA[<p>Mesothelioma cancer is an aggressive form of cancer which is caused by breathing in fine type of asbestos fibers which then become settled in the thin membrane that lines and largely encases the lungs area.<span id="more-96"></span> It is greatly aggressive and highly resistant to any type of standard cancer treatments in the medical field. Till date, there is no proper cure for any <a title="Mesothelioma Types" href="http://www.asbestos-ships.com/mesothelioma/types/">type of  mesothelioma</a> and the average survival period after initial diagnosis varies patient to patient from 4-18 months.</p>
<p>In the construction and advanced renovation of its general and war ships, the U.S. Navy and the country’s commercial maritime industry has largely made high use of all types of <a title="Asbestos on Navy Ships" href="http://www.asbestos-ships.com/">asbestos on navy ships</a>. Shipbuilders and laborers who involved for the all kind of repair or refurbishment are often in the status of high danger of <a title="Asbestos Exposure" href="http://www.asbestos-ships.com/exposure/"></a> asbestos exposure and inhaling all types of asbestos particles which cause asbestos risk for veterans. The two new specifications released by the <strong>International Organization for Standardization (ISO)</strong> minimize the environmental problems and the danger to workers assigned with dismantling the vessels.</p>
<p>There are effective methods provided as per one of the new ISO documents, ISO/PAS 30007:2010, “measures to prevent asbestos emission and exposure during ship recycling,” in order to minimize the common dangers of asbestos generally during ship recycling by reducing both the release of asbestos into the environment and <a title="Asbestos Exposure" href="../../exposure/">asbestos exposure</a> to workers. The other specification (PAS), 30006:2010, provides diagrams to show the location of hazardous materials on vessels. These new standards help to ensure when ships are being recycled. Both these specifications help to provide <strong>market expectations</strong> related to environment, safety, health and welfare matters in the ship recycling industry.</p>
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		<title>Asbestos Lawsuits Cited as Cause for Company’s Bankruptcy</title>
		<link>http://www.asbestos-ships.com/news/asbestos-lawsuits-cited-as-cause-for-company-bankruptcy/</link>
		<comments>http://www.asbestos-ships.com/news/asbestos-lawsuits-cited-as-cause-for-company-bankruptcy/#comments</comments>
		<pubDate>Mon, 23 Aug 2010 18:45:08 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Asbestos Lawsuits]]></category>

		<guid isPermaLink="false">http://www.asbestos-ships.com/news/?p=92</guid>
		<description><![CDATA[A valve making company has filed for bankruptcy protection as the expense of meeting legal costs for ongoing asbestos lawsuits has exceeded the profits the company made in the second quarter.
The Leslie Controls unit of Circor International Inc. (CIR) is facing asbestos lawsuits worth $18.7 million for products, such as control valves, made with asbestos [...]]]></description>
			<content:encoded><![CDATA[<p>A valve making company has filed for <strong>bankruptcy protection</strong> as the expense of meeting legal costs for ongoing asbestos lawsuits has exceeded the profits<span id="more-92"></span> the company made in the second quarter.</p>
<p>The Leslie Controls unit of Circor International Inc. (CIR) is facing <strong>asbestos lawsuits</strong> worth $18.7 million for products, such as control valves, made with <a title="Asbestos on Navy Ships" href="http://www.asbestos-ships.com/">asbestos used in U.S. Navy ships</a> between the 1940s and 1980s. This caused <a title="Asbestos Diseases" href="http://www.asbestos-ships.com/diseases/">asbestos-related diseases</a>, according to the Wall Street Journal. As a result, CIR has to pay millions of dollars to defend Leslie.</p>
<p>Every year, 2,000 to 3,000 Americans are diagnosed with <a title="Mesothelioma Cancer" href="http://www.asbestos-ships.com/mesothelioma/">mesothelioma</a> or a rare form of cancer caused by <a title="Asbestos Exposure on Ships" href="http://www.asbestos-ships.com/asbestos/">exposure to asbestos</a>, as well as <a title="Lung Cancer" href="http://www.asbestos-ships.com/diseases/lung-cancer/">lung cancer</a> and <a title="Asbestosis Cancer" href="http://www.asbestos-ships.com/asbestosis/">asbestosis</a>, as per the statics released by the<strong> National Cancer Institute</strong>.</p>
<p>Circor&#8217;s chairman and CEO, Bill Higgins, stated that &#8220;The cost of this defense has exceeded the profits generated by Leslie&#8217;s operations, and we have been considering for some time a range of strategic alternatives that would enable us to permanently eliminate this risk.&#8221; In the second quarter of last year, Leslie Controls accounted for just 5.5 percent of CIR&#8217;s total revenues. CIR has set up a $75 million trust to pay for the <a title="Mesothelioma Compensation Claims" href="http://www.asbestos-ships.com/mesothelioma/compensation/">asbestos claims</a> in the present and in the future.</p>
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		<title>Court finds U.S. Navy partially responsible in a lawsuit concerning Mesothelioma</title>
		<link>http://www.asbestos-ships.com/news/court-finds-u-s-navy-partially-responsible-for-mesothelioma/</link>
		<comments>http://www.asbestos-ships.com/news/court-finds-u-s-navy-partially-responsible-for-mesothelioma/#comments</comments>
		<pubDate>Tue, 06 Jul 2010 18:17:06 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Asbestos & Mesothelioma Veterans]]></category>

		<guid isPermaLink="false">http://www.asbestos-ships.com/news/?p=89</guid>
		<description><![CDATA[The court has found 17 people liable for the death of Ulysses Collins, who died in 2005 five after being exposed to asbestos during his service. After prolonged study of the case, the Navy has also been found responsible for the death of Mr. Collins, who worked as a welder in the Naval Ship Yard, [...]]]></description>
			<content:encoded><![CDATA[<p>The court has found 17 people liable for the death of <strong>Ulysses Collins</strong>, who died in 2005 five after being exposed to asbestos during his service. <span id="more-89"></span>After prolonged study of the case, the Navy has also been found responsible for the death of Mr. Collins, who worked as a welder in the Naval Ship Yard, in Hunters Point.</p>
<p>A company that used to supply asbestos based insulation and other products has been held 20 percent responsible in this case. The rest of the defendants, as mentioned above, were <strong>17 people that have had professional relationships with the deceased</strong> were held accountable. However, an appeal was forwarded and a retrial will be held to determine the exact cause of Mr. Collins’ death. It is pretty clear that <a title="Asbestos on Navy Ships" href="http://www.asbestos-ships.com/">asbestos on navy ships</a> has caused the disease, but the court wants to establish exactly who should be held responsible for the death. An asbestos risk representative for veterans association believes that the Navy should be held responsible because they didn’t provide with the necessary safety equipment. This just goes to show that even welders are <a title="Asbestos Exposure on Ships" href="http://www.asbestos-ships.com/asbestos/">exposed to asbestos</a>, so it really is a great idea to wear protective gear.</p>
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		<title>Navy to share the burden in asbestos case</title>
		<link>http://www.asbestos-ships.com/news/navy-to-share-the-burden-in-asbestos-case/</link>
		<comments>http://www.asbestos-ships.com/news/navy-to-share-the-burden-in-asbestos-case/#comments</comments>
		<pubDate>Tue, 08 Jun 2010 06:34:16 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Asbestos & Mesothelioma Veterans]]></category>

		<guid isPermaLink="false">http://www.asbestos-ships.com/news/?p=80</guid>
		<description><![CDATA[A ruling by the California appeals court on Thursday changed the immunity the U.S. Navy enjoyed to date in asbestos cases even though a very large number of veterans suffer the consequences of asbestos exposure during service with the Navy.
Ulysses Collins died of mesothelioma five years ago. He had worked in naval shipyards from 1960-73 [...]]]></description>
			<content:encoded><![CDATA[<p>A ruling by the California appeals court on Thursday changed the immunity the U.S. Navy enjoyed to date <span id="more-80"></span>in asbestos cases even though a very large number of veterans suffer the consequences of <a title="Asbestos Exposure on Ships" href="http://www.asbestos-ships.com/asbestos/">asbestos exposure</a> during service with the Navy.</p>
<p>Ulysses Collins died of <a title="Mesothelioma Cancer" href="http://www.asbestos-ships.com/mesothelioma/">mesothelioma</a> five years ago. He had worked in naval shipyards from 1960-73 and 1976-94. 17 entities were ordered to share the damages in the asbestos lawsuit that obtained a jury verdict of $10 million. One of the entities that was allocated 20 percent of fault, Plant Insulation Company, appealed to the state First District Court of Appeals on the exclusion of the Navy from the list of those responsible.</p>
<p>In the words of the appellate court decision, “Plant argues the Navy&#8217;s immunity is essentially one from suit and does not mean the service owes no duty of care as to its enlisted personnel and civilian employees and thus cannot be characterized as a &#8216;tortfeasor&#8217; for purposes of Proposition 51. Plaintiffs contend sovereign immunity is based on the historical adage &#8216;the King can do no wrong&#8217; and therefore the Navy&#8217;s actions cannot be &#8216;wrongful&#8217; and thus no &#8216;fault&#8217; can be allocated to the service.”</p>
<p>The statement of the court that, “We agree with Plant and conclude the Navy is properly included among those entities to which fault may be apportioned in an asbestos case,” may have far-reaching consequences. Attorney Mark Behrens of Shook Hardy &amp; Bacon calls the verdict &#8220;significant.&#8221;</p>
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